On March 6, the Boothbay Planning Board granted boatbuilder David Stimson a permit to repair boats, but he will not be allowed to finish building the 50-foot steel schooner that has sat dormant in his barn since August.  

For nearly eight months, Stimson has been out of work, battling Boothbay's zoning ordinances that have kept him from building boats in a residential district.  

The ongoing Stimson Marine saga has chronicled the livelihood of a landowner versus the protection of neighbors' rights, a story that has riled emotions on both sides of the issue.

At the conclusion of the planning board hearings, the board reiterated arguments that surfaced during the Boothbay Board of Appeals hearing last November.

Most of the conversation regarding Stimson's business revolved around the definitions of manufacturing and “principal occupation” and how they are written in the current zoning ordinances.

“What David has been doing since August of 2011 has been constructing that 50-foot metal schooner, and that's been his principal occupation,” said Sally Daggett, the town attorney.

Stimson maintained that the construction of boats only made up a small percent of his income during his 32-year career in Boothbay.

Alex Rioux, a Boothbay woodworker, argued that it's difficult to measure one man's principal occupation based on a net income during a small span of construction, versus a lifetime career in boat related activities.

“It seems like David gets caught in the gray area,” Rioux said. “I don't think the town has really done a good job covering those people who have the vested rights to have a business.”  

Francis McBrearty, a planning board member, said interpreting the principal occupation as it applied to boatbuilding was complicated since the construction and repair of boats are so closely melded together.

Boothbay Code Enforcement Officer Dan Bryer was asked by the board for his interpretation of what principal occupation meant in the ordinances.

“I believe the intention was initially for our community's lobstermen and fishermen, and that they didn't want to stop them from being able to build the boat or repair the boat that they worked off of,” Bryer said. “So building the boat wasn't their principal occupation. Their principal occupation was on the water.”

Bryer indicated that a distinction of what constitutes a principal occupation needed to be more clearly marked out in ordinances; a task the planning board is currently undertaking.

Although today's town ordinances outlaw Stimson Marine as an illegal manufacturing operation, Stimson said the planning board kept a fairminded approach when considering the many sides of the issue. Stimson said he regards the newly issued permit as a step in the right direction.

Following the planning board's site visit of Stimson Marine on March 2, the board concluded the 261 River Road property could be an adequate location to resume boat repair, but only if Stimson follows a set of conditions stipulated by the town.

Stimson must comply with size restrictions, noise levels, employee restrictions and designated parking and delivery zones during the hours of 8 a.m. and 6 p.m. Any outside storage of material must be properly screened so it's not visible from the road.  

Stimson now hopes he can circulate a petition and get enough signatures in time for a vote to change the ordinances at the annual town meeting on May 6.

“At least we know we can now comply with all the conditions that would also comply with boatbuilding once the ordinance is changed,” Stimson said.

As for the steel schooner, Stimson said he's 90 percent certain he will transport the vessel to Bowdoinham to finish the project, which is his main concern.